What steps does the law enforcement team need to remove illegal buildings?

1, need to go to the scene to investigate and collect evidence;

2. After determining that the building is illegal, inform the parties concerned of the relevant facts, reasons and basis, as well as the right to state and defend;

3. If the reasons put forward by the parties are not valid, the implementation department will make a written decision and order it to be dismantled within a time limit;

4. The implementation department will issue a notice and order it to be dismantled within a time limit;

5. If the party fails to demolish the house within the prescribed time limit, the law enforcement department will forcibly demolish it.

The legal basis is as follows:

According to the Regulations of Shanghai Municipality on Demolition of Illegal Buildings

Article 6? The district/county demolition implementation department shall record the illegal buildings within its jurisdiction and their investigation, and after being summarized by the department designated by the district/county people's government, it shall be incorporated into the information system established by the municipal urban and rural construction management department as the basis for the management of illegal buildings.

Article 7? After discovering illegal buildings and receiving relevant reports or reports from property service companies, the implementation department of demolition shall go to the site for investigation and evidence collection within 24 hours, and for those under construction, it shall go to the site for investigation and evidence collection within 2 hours. Illegal buildings that do not fall within the scope of responsibilities of this department shall be immediately handed over to relevant departments for handling.

Article 8? After investigating and collecting evidence of illegal buildings in accordance with relevant laws and regulations, the demolition implementation department shall use a unified prior notice to inform the parties of the relevant facts, reasons and basis, as well as the right to state and defend.

If the parties make statements and arguments within the time limit specified in the prior announcement, the demolition implementation department shall listen to their opinions and make a record. The implementing department shall examine the facts, reasons and evidence put forward by the parties within twenty days. If the facts and reasons put forward by the parties are established, the implementation department shall adopt them; If the implementation department refuses to adopt the illegal opinions of demolition, it shall explain the reasons.

Article 9? If the parties fail to make statements and arguments within the prescribed time limit, or the facts and reasons put forward by the parties cannot be established, the demolition implementation department shall make a written decision to order the demolition within a time limit.

Article 10? The demolition implementation department shall, in accordance with the law, serve the parties with the "Notice in advance" and the "Decision on Ordering Demolition within a Time Limit". If it is difficult for the parties to determine or serve, the form of notice may be adopted. The notice period shall be no less than ten days from the date of announcement.

Article 11? The parties concerned shall dismantle the illegal buildings themselves within the time limit specified in the decision to order the demolition within a time limit. If it is indeed difficult for the parties to dismantle themselves, the executive department may dismantle them on their behalf.

If the party concerned fails to demolish the illegal building within the time limit, the demolition implementation department shall report to the municipal, district or county people's government, and the municipal, district or county people's government shall instruct the demolition implementation department and other relevant departments to forcibly demolish it, and may also impose a fine according to law.

If the municipal, district or county people's governments instruct the relevant departments to forcibly demolish illegal buildings, they shall make an announcement seven days before the compulsory demolition.

Extended data

Provisions of Shanghai Municipality on Demolition of Illegal Buildings

Article 12? For illegal buildings under construction, the demolition implementation department shall order the parties to stop construction on the spot, and after investigation and evidence collection according to relevant laws and regulations, order the parties in writing to stop construction and dismantle them themselves, and may take measures such as withholding construction tools and materials; If the parties refuse to stop the construction or refuse to dismantle it, the department responsible for dismantling shall immediately forcibly dismantle it and may impose a fine according to law.

Thirteenth forced demolition of illegal buildings, the implementation department shall notify the parties to take away the property in the illegal building. If the party fails to take it away, the execution department shall keep it properly and notify the party to collect it within a time limit. If the party concerned fails to receive it within the time limit, the illegal demolition implementation department may properly dispose of it according to the actual situation after retaining the evidence.

After the compulsory demolition of illegal buildings, the implementation department shall cooperate with the sub-district office or the town people's government to do a good job for the parties.

Fourteenth after the demolition of illegal buildings, the parties shall clean up the construction waste within the time limit specified in the cleaning notice; If it is not cleaned up within the time limit, the illegal implementation department may clean it up.

Fifteenth demolition departments and their staff in the investigation of illegal buildings, should show their law enforcement certificates to the parties, exercise their functions and powers according to law, civilized law enforcement, and shall not infringe upon the legitimate rights and interests of the parties; If damage is caused to the lawful property of the parties concerned, compensation shall be made according to law.

Sixteenth urban and rural construction management departments should strengthen the supervision and management of construction units.

In the process of investigating and dealing with illegal buildings by the implementation department, the unit undertaking illegal building construction operations shall immediately stop construction and cooperate with the investigation.

Article 17? Houses belonging to illegal buildings shall not be rented.

Illegal buildings are not allowed to register real estate rights.

Those who use illegal buildings to engage in business activities shall not apply for business licenses and other relevant licenses.

References:

Baidu Encyclopedia-Some Provisions of Shanghai Municipality on Demolition of Illegal Buildings